Timothy Tennant o/a Tri-Star Athletics v. Jeff Turner and Ministry of Labour
1373-00-ES Timothy Tennant o/a Tri-Star Athletics, Applicant v. Jeff Turner and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 60001973
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; August 25, 2000
1This is an employer request for review of Order to Pay No. 27042. It is filed pursuant to section 68 of the Employment Standards Act (the “Act”).
2The Order to Pay issued on December 7, 1994. At that time it stated on the face of the Order that an employer had 15 days from the date that the Order was delivered to it to appeal. The Director of Employment Standards may grant a longer period if there were special circumstances warranting an extension. No appeal was filed at the time, and there is no evidence that the Director extended the time for filing. This application was filed on August 8, 2000, about five and a half years late.
3Mr. Tennant requests that the Board extend the time for filing this application. He claims that in January 1993 an Employment Standards Officer called him regarding a claim made by Mr. Turner for overtime pay, vacation pay and termination pay. Mr. Tennant apparently took the position that Mr. Turner was not an employee and was not entitled to what was being claimed. In December 1994 the Order to Pay in question issued indicating that the applicant owed $3,682.11. Mr. Tennant claims to be concerned because the Ministry of Labour held no “hearing” before the Order issued. He does not apparently understand that an Employment Standards Officer does an investigation and makes his or her finding based on the information received. In this case it appears, based on Mr. Tennant’s pleadings, that the Officer spoke to Mr. Tennant and got his version of events before the Order issued.
4Following receipt of the Order it appears that Mr. Tennant contacted the Ministry of Labour to take issue with the Order. However, he did not file an appeal as he claims he was heavily indebted himself at the time as a result of the failure of the business, and he could not afford to pay the requisite monies into trust.
5Somewhat surprisingly, nothing further happened for some four years. In March 1999 Mr. Tennant allegedly began to receive telephone calls and letters from a collection agency seeking payment for the Order. Mr. Tennant refused to pay until the Ministry of Labour had held a “hearing”. In February 2000 the collection agency was successful in getting Mr. Tennant’s wages garnished.
6On July 18, 2000, as a result of some unspecified process, it appears that Mr. Tennant paid all of the outstanding remainder of the Order and allegedly received agreement from Mr. Mark Alchuk, counsel at the Ministry of Labour, that the Ministry would support Mr. Tennant’s request for an extension for the filing of this application.
7Before the Board proceeds any further with the request for an extension for filing this exceptionally untimely application it would like to hear from the Ministry of Labour and the employee. These parties have 15 days from the date of this decision to file their submissions with the Board, with copies to the other parties, regarding whether or not the Board should grant an extension. The Board will then consider this matter further.
8I am seized of this matter at this time.
“Gail Misra”
for the Board